What is the applicable standard of care for a health and safety inspector?

A useful statement of the applicable standard of care is set out in Swanson Estate v. Canada (F.C.A.) 1991 CanLII 8226 (FCA), [1991] F.C.J. 452 at p. 9: The government is not an insurer; it is not strictly liable for all air crashes, only for those caused by the negligence of its servants. The standard of care required of these inspectors, like every other individual engaged in activity, is that of a reasonable person in their position. What is required of them is that they perform their duties in a reasonably competent way, to behave as would reasonably competent inspectors in similar circumstances, no more and no less. In evaluating their conduct, courts will consider custom and practice, any legislative provisions and any other guidelines that are relevant. The risk of harm and its severity will be balanced against the object and the cost of the remedial measures. In the end, the court must determine whether the employees of the defendant lived to or departed from the standard of care demanded of them, in the same way as in other negligence cases. (See, generally, Fleming, The Law of Torts, (7th ed. 1987) at p. 96.) (emphasis added)